WHEREAS:

1. The California Regional Water Quality Control Board, Santa Ana Region (SARWQCB) adopted a revised Water Quality Control Plan for the Santa Ana River Basin (Basin Plan) on March 11, 1994.
2. On April 17, 1998, the SARWQCB adopted Resolution No. 98-69 (Attachment 1) amending the Basin Plan by establishing a Total Maximum Daily Load (TMDL) for sediment (Sediment TMDL) discharged in the Upper and Lower Newport Bay (Newport Bay)/San Diego Creek Watershed.

3. On May 13, 1998, the State Water Resources Control Board (SWRCB) approved the Sediment TMDL and forwarded the Basin Plan amendment to the Office of Administrative Law (OAL) for review of the regulatory provisions.

4. OAL staff reviewed the regulatory provisions and advised SWRCB and SARWQCB staff that certain provisions did not comply with the standards of the Administrative Procedures Act for clarity, consistency, reference, and procedural requirements. The proposed Basin Plan amendment was subsequently withdrawn from OAL consideration so that OAL's concerns could be addressed.

5. In order to address OAL's concerns, the SARWQCB approved SARWQCB Resolution No. 98-101 (Attachment 2) on October 9, 1998, modifying those portions of the Sediment TMDL that were of concern to OAL.

6. The SWRCB finds that the proposed modifications to the Sediment TMDL are in conformance with the requirements for TMDL development specified in CWA Section 303(d).

7. The SWRCB finds that the proposed modifications to the Sediment TMDL are in conformance with the requirements of SWRCB Resolution No. 68-16 (Statement of Policy with Respect to Maintaining High Quality of Waters in California).

8. The SARWQCB staff prepared documents and followed procedures satisfying environmental documentation requirements in accordance with the California Environmental Quality Act and other State laws and regulations.

9. The SWRCB will work with the California Department of Fish and Game to ensure that threatened or endangered species are protected, pursuant to Fish and Game Code Section 2055.

10. A Basin Plan amendment does not become effective until approved by the SWRCB and until the regulatory provisions are approved by OAL.

THEREFORE BE IT RESOLVED THAT:

The SWRCB:

1. Approves SARWQCB Resolution No. 98-101 amending SARWQCB Resolution No. 98-69 (Sediment TMDL) and the Water Quality Control Plan for the Santa Ana Region.

2. Authorizes staff to resubmit the regulatory provisions of the Sediment TMDL (SARWQCB Resolution No. 98-69) and to submit the regulatory provisions of SARWQCB Resolution No. 98-101 to OAL for approval.

3. Authorizes staff to submit the Sediment TMDL (SARWQCB Resolution No. 98-69) and the approved amendments to the Sediment TMDL (SARWQCB Resolution No. 98-101) to the U.S. Environmental Protection Agency for approval.

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on November 19, 1998.

/s/

Maureen Marché

Administrative Assistant to the Board

Attachments SARWQCB Resolution's 98-69, 98-101 are not available electronically. Call (909) 782-4130.